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" ... where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application;... "
Reports of Cases Decided by the English Courts: With Notes and References to ... - Σελίδα 278
των Nathaniel Cleveland Moak - 1878
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Supreme Court Cases: A Collection of Judgments ...

Canada. Supreme Court - 1905 - 660 σελίδες
...such circumstances, it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of...benefit of any kind has accrued to the charterer, the shipowner has lost his power of earning any part of the chartered freight. The immediate cause of such...

Canada Supreme Court Cases: A Collection of Judgments of the Supreme Court ...

Canada. Supreme Court - 1905 - 658 σελίδες
...such circumstances, it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of...benefit of any kind has accrued to the charterer, the shipowner has lost his power of earning any part of the chartered freight. The immediate cause of such...

The Commonwealth Law Reports: Cases Determined in the High Court ..., Τόμος 10

Australia. High Court - 1910 - 828 σελίδες
...becomes wholly inapplicable to any such circumstances, it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made." Therefore, in order to apply the terms of the admission at all, the respondent was bound to show that...

Ontario Weekly Reporter and Index-digest, Τόμος 5

Ontario - 1905 - 856 σελίδες
...think, and can afford no light as to the meaning of the contract, settlement with the agent not having been in the contemplation of the parties when the contract was made, and being expressly repudiated by defendants themselves as a thing which it was not incumbent on them...

The Encyclopedic Digest of Virginia and West Virginia Reports ..., Τόμος 4

Thomas Johnson Michie - 1906 - 952 σελίδες
...from the breach of the contract in question, according to the usual course of things, or as having been in the contemplation of the parties when the contract was made, as a probable result of a breach of it. Slaughter v. Denmead, 88 Va. 1022, 14 S E. 833, citing and...

The American Journal of International Law, Τόμος 29

1907 - 850 σελίδες
[ Λυπούμαστε, το περιεχόμενο αυτής της σελίδας είναι περιορισμένο ]
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The Law Relating to Covenants Running with Land

Richard Cuthbert Brown - 1907 - 268 σελίδες
...2K.B. 756; C handler v. Webster, [1904] 1 KB 493. Similarly, where an event cannot be supposed to have been in the contemplation of the parties when the contract was made, they will not be held bound by general words which were not used with reference to the particular contingency...

Cardinal Rules of Legal Interpretation

Edward Beal - 1908 - 766 σελίδες
...such circumstances, it ceases to have any application ; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.' " — Bwh v. Whitehaven Trustees (1888), 52 JP 392, at p. 393, Lord Coleridge, CJ " The real question...

The Elements of Commercial Law

Henry William Disney - 1908 - 240 σελίδες
...must be interpreted reasonably and liberally, and no strained or far-fetched meaning unlikely to have been in the contemplation of the parties when the contract was made should be given to any term in it. " STAMPS AND RECEIPTS Stamps. — Many written documents, and almost...

A Treatise on the Law Relating to the Carriage of Goods by Sea

Thomas Gilbert Carver, Robert Alderson Wright Baron Wright - 1909 - 1156 σελίδες
...such circumstances, it ceases to have any application, it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made." Keating, J., agreed with this ; but Bovill, CJ, took a different view, and considered that the charterers...




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